Both houses of the Legislature have passed S2342, which allows non-profit corporations to hold member meetings remotely during this state of emergency, to the extent that the board adopts guidelines to establish procedures governing member meetings. The bill now awaits Governor Murphy’s signature, and it is expected that he will sign the bill into law.

A couple of weeks ago, I advised that the Governor signed into law S2290/A3861 that allowed for-profit corporations to hold shareholder meetings remotely. Doing so with non-profit corporations is a natural progression.

The bill, which will take effect immediately once signed into law, allows the following:

• Members will be able to take part in the meeting remotely (to the extent the boards allows such participation)

• Remote meetings will be able to be conducted in accordance with guidelines and procedures adopted by the board

• A member participating in a remote meeting will have the ability to vote remotely, so long as the association can:

  • verify each person participating is a member or proxy member;

  • provide each participating member the opportunity to hear or read the proceedings of the remote meeting as the meeting proceeds; and

  • assure that any vote or action is properly recorded.

This new law will allow associations to conduct its trustee elections as usual, even during this state of emergency. Be mindful to follow the Radburn requirements for election proceedings while utilizing remote meetings for board elections.